DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-AAA, USN
Docket No. ND99-01177

Applicant’s Request

The application for discharge review, received 990831, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000512.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Dear Sirs,
I enlisted during my high school year 93.  I shipped out I believe in Oct of 93.  I do not remember the exact date but believe it to be in Oct of 93.  After boot camp and GSM A School I was sent to Pasagola Miss to serve on USS JACK WILLIAMS FFG 24 by my own request.  After several months of service I did not like the way I was treated by my fellow shipmates.  I did not enjoy any part of shipboard life.  I than after becoming depressed began to contemplate ways to get out of the Navy early.  I signed up for four years. After about a year (again Im unsure do exact dates) I decided Id tell my officer in charge that I took marajauna to get kicked out.  He (I do not remember his name) gave me a drug test and I was not told the results.  Only through rumors did I hear that I passed this test.  This is my issue Sirs respectfully If I did pass the test I should been given the opportunity to finish out my term of service.  Instead because I said I smoked marajuana I was dropped off in Key West and left so little monies that I had to call home to get money for a bus ticket back to Jax.  Than find a way back out to Pasagula to get my car.  Which is second issue I should of been returned to Pasagula Miss to retrieve my care & other belongs still on base.  Please consider my request to upgrade to general under Honorable Conditions or Honorable.  Thank you in advance for your consideration.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214 and 215

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USNR (DEP)	921229 - 931011	COG

Period of Service Under Review:

Date of Enlistment:  931012		Date of Discharge:  950331

Length of Service (years, months, days):

	Active:    01  05  20
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  63

Highest Rate:  GSMFN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (1)	Behavior:  3.20 (1)		OTA:  3.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, HSM, CGUC

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

931025:	Applicant briefed upon and certified understanding of Navy's concerning illegal use of drugs.

950124:	Applicant's statement: My violating Article 112A, UCMJ on Jan. 14.  I was over at a friends house and I smoked a quarter bag of pot.  I have been using pot sence I joined the Navy in Oct 93.
	When I came back from Christmas leave I was given a drug test.  I knew I would fail due to the fact that I had smoked pot less that a week earlier while on leave.  On Jan 23 I chose to inform my chain of command of the above events.  I felt it best to inform then as opposed to them informing me.

950216:	NJP for violation of UCMJ, Article 112A:
Specification: Wrongful use marijuana by his own voluntary statement of voluntary use on 14Jan95.
Awarded forfeiture of $475.00 per month for 2 months, restriction and extra duties for 45 days, reduction to FA.  Not appealed.

950218:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your admission of wrongfully using a controlled substance and misconduct due to commission of a serious offense as evidenced by your conviction at Commanding Officer's Non-Judicial Punishment on 16 February, 1995 of violating UCMJ Article 112a, wrongful use of a controlled substance.

950220:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

950222:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).  Commanding officer’s comments (verbatim): Fireman (applicant) voluntarily admitted, despite multiple legal warnings of the consequences of his statement, his use of marijuana while in a liberty status.  In addition to his blatant disregard for the U.S. Navy's regulations relative to the use of a controlled substance, he has not professionally performed at a level equal to his peers.  During interviews with various levels of the chain-of-command following his admitted Navy Regulations violation, he has reported a history of use as well as his intent to continue using controlled substances as long as he believes he will not be caught.  This obvious scorn for the regulations coupled with his below average performance makes him not suited for continued Naval Service.  It is highly recommended Fireman (applicant) be discharged from the service under other than honorable conditions.

950316:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 950331 under other than honorable conditions for misconduct due to drug abuse (use) (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In response to the applicant’s issue 1, the Board found that the applicant admitted to using drugs and made a voluntary signed statement admitting to drug use since his entry into the service.  A Commanding Officer is required to process an individual for separation based on a military offense which includes findings of guilt at CO’s NJP.  The applicant was found guilty at CO’s NJP on 950216 of wrongful use of marijuana.  He was then given his proper rights and due process before he was discharged from the Navy.  These discharges are normally under other than honorable conditions, as was the case for the applicant.  The Board found that the discharge was proper and equitable.  No relief will be granted based on this issue.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective 
22 Jul 94 until 02 Oct 96, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness.  You may obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023